A Francistown man who kicked another man to death has been sentenced to 13 years in jail
Matsoma Bishop Gabamorare, 49, was convicted of manslaughter and sent to the slammer for viciously kicking another man 13 times in the chest until he died in a fight over sugar.
Bishop Gabamorare and co- accused Gorileng Koba , who committed suicide while on bail are said to have pounced on Mogopodi Ramakobeng at Mmantekole cattle post near Shoshong after he allegedly charged at them with an axe and a gun for stealing his sugar.
He told the court that, “Mogopodi provoked me to assault him after he kicked me on the thigh. He tried to attack me with an axe and a gun, which we wrestled from his possession. I kicked him back in the knee. Gorileng then kicked him once in the chest, felling him to the ground. Whilst he was down we took the gun and axe with us to the local police, leaving him on the ground.”
Contrary to Gabamorare’s evidence a post mortem indicated that Mogopodi died from “ lung force trauma injuries which can only be sustained after a lot of force has been used. It showed that he was kicked at least 13 times on the chest. His body was then thrown into a rubbish pit next to his house where it was found riddled with dog bites.”
In his 45- minute judgement Justice Modiri Letsididi pointed out that he had a problem believing the accused evidence, since it contradicted his earlier confession made before a judicial officer. “In a confession statement made before a judicial officer five days after the incident, when the whole incident was still fresh he did not mention that he was kicked by the deceased. The accused has not told the court the whole truth. In short I do not believe him when he said he only kicked Mogopodi once. It’s his way of trying to diminish as much as possible his part in the assault that cost the deceased his life. Therefore I reject that it was his colleague who kicked the deceased in the chest.”
“In kicking the deceased in a sensitive area as the chest and causing injury to the lungs, the accused must have had the intention of causing grievous harm. While he alleges that he was provoked and reacted in the heat of passion, the severity of his retaliation is unacceptable”, continued the Judge.
Justice Judge Letsididi further castigated Gabamorare for leaving the deceased sprawling on the ground and not offering him any assistance. “You should have exercised better judgement since you are mature adult”, indicated the Judge before sentencing him to jail.